Biodiversity Convention

Dr. M.P. Chengappa

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD

FAUNA AND FLORA 1973
Recognizing wild fauna and flora an irreplaceable part of the natural systems of the earth.
International trade in specimens of wild animals and plants threaten their survival.
Evolve international cooperation for the protection of species of wild fauna and flora
against over exploitation through international Trade.
Prevent or reduce the extinction of the wild life and regulation of trade.

FUNDAMENTAL PRINCIPLES (ART. II)

Appendix I - species threatened with extinction

Trade in specimens of these species is permitted only in exceptional circumstances.
Appendix II- species not necessarily threatened with extinction, but in which trade must be
controlled in order to avoid utilization incompatible with their survival.
Appendix III species that are protected in at least one country, which has asked other CITES
parties for assistance in controlling the trade

STRUCTURE OF CITES
Conference of the Parties:

The Parties to CITES are collectively referred to as the conference of the parties.
It review progress in the conservation of species
Standing Committee
Provides for policy guidelines concerning the implementation of the convention and
oversees the management of the Secretariats budget.
CITES Secretariat: administered by UNEP and is located at Geneva

FUNCTIONS
Playing a coordinating, advisory and servicing role in the working of the convention.
Assisting with communication and monitoring the implementation of convention
Arranging meeting of the conference of the parties and of the permanent committees at
regular intervals and serving those meetings.
Providing assistance in the fields of legislation, enforcement, science and training.
Undertaking research for better implementation of convention.
Making recommendations regarding the implementation of the convention.
Furnishing information to the parties.

RAMSAR CONVENTION ON WET LAND 1971

Mission:
The conservation and wise use of all wetlands through local, regional and national actions
and international cooperation.
Contribution towards achieving sustainable development throughout the world.
Contracting Parties develop, adopt and use the necessary and appropriate instruments
and measures.

WHAT ARE WETLANDS?

As defined by the Convention, wetlands include a wide variety of habitats such as marshes,
peat lands, floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, and
sea grass beds, but also coral reefs and other marine areas no deeper than six metres at low
tide, as well as human-made wetlands such as waste-water treatment ponds and reservoirs.

WHY CONSERVE WETLANDS?

Wetlands are among the worlds most productive environments.
Cradles of biological diversity, providing the water and primary productivity upon which
countless species of plants and animals depend for survival.
support high concentrations of birds, mammals, reptiles, amphibians, fish and
invertebrate species.
Wetlands are also important storehouses of plant genetic material.

RAMSAR COMMITMENTS
The Ramsar Contracting Parties have committed themselves to implementing the three
pillars of the Convention:
to designate suitable wetlands for the List of Wetlands of International Importance
(Ramsar List)
Work towards the wise use of all their wetlands through national land-use planning.
Evolve appropriate policies and legislation, management actions, and public education.
Cooperate internationally concerning transboundary wetlands, shared wetland systems,
shared species, and development projects that may affect wetlands.

COMMITMENT OF PARTIES JOINING RAMSAR CONVENTION

Listed Sites: Designate at least one wetland for inclusion in the List of Wetlands of
international importance.
Wise use: Contracting parties to include wetland conservation considerations in their
national land use planning.
Reserves and training: need to undertake to promote training in the field of wetland
research, management and warding.

 International cooperation: need to consult other contracting parties for implementation of

the convention, especially in regard to trans- frontier wetlands, shared water systems, and
shared species.
REPORTING
Contracting parties report progress on implementation of commitments under the convention by
submitting triennial national report.

CONVENTION STRUCTURE
conference of the contracting parties:
Standing Committee: meet annually to carry out the day-to-day coordination of the
conventions activities.
Scientific and Technical Review Panel: provides scientific and technical advice to the
conference of the contracting parties.

WORLD HERITAGE CONVENTION, 1972

THE GENERAL CONFERENCE of the United Nations Educational, Scientific and Cultural
Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth
session,
The Convention Concerning the Protection of World Cultural and Natural Heritage
Need to stimulate international cooperation to protect the world's natural and scenic
areas.
Protect historic sites for present and the future generations.
cultural heritage and the natural heritage are increasingly threatened with destruction
not only by the traditional causes of decay, but also by changing social and economic
conditions
Considering that deterioration or disappearance of any item of the cultural or natural
heritage constitutes a harmful impoverishment of the heritage of all the nations of the
world
the cultural or natural heritage are of outstanding interest and therefore need to be
preserved as part of the world heritage of mankind as a whole
The Convention defines the kind of natural or cultural sites which can be considered for
inscription on the World Heritage List
Duties of States Parties in identifying potential sites and their role in protecting and
preserving them.

 natural features of outstanding universal value,

Country pledges to conserve not only the World Heritage sites situated on its territory.
Adopt a general policy to protect, conserve and present its cultural and natural heritage.

PROVISIONS OF THE CONVENTION

Convention defines the kind of natural or cultural sites for inscription on the World
Heritage List
Need to identify potential sites and pledges to conserve not only the world Heritage sites
situated on its territory, but also to protect its national heritage.
It explains how the world Heritage Fund is to be used and managed.
Report regularly to the world Heritage Committee on the state of conservation of their
World Heritage Properties.
Create awareness through educational and information programmes.
Benefits of Ratification
International concern for joining hands to protect and cherish the worlds natural and
cultural heritage.
Access to world heritage Fund
Development of sustainable tourism principles
WORLD HERITAGE COMMITTEE:
Meet once in a year
Consists of representatives from 21 of the States parties to the convention elected by their
General Assembly for term up to six years.
Committee implements convention, defines the use of the world Heritage Fund and
allocate financial assistance
ADVISORY BODIES
Three international non-governmental or intergovernmental organizations are named in the
convention to advise the committee in its deliberation
WORLD CONSERVATION UNION (IUCN)
An international, non-governmental organization that provides the world Heritage Committee
with technical evaluations of natural heritage properties. Consist of worldwide network of
specialists, reports on the State of conservation of listed properties.
INTERNATIONAL COUNCIL ON MONUMENTS AND SITES (ICOMOS)
Evaluate cultural and mixed properties proposed for inscription on the world Heritage List.
INTERNATIONAL CENTRE FOR THE STUDY OF THE PRESERVATION AND RESTORATION
OF CULTURAL PROPERTY (ICCROM)
It provides expert advice on how to conserve listed properties, as well as training in restoration
techniques.
CRITERIA FOR SELECTION IN THE WORLD HERITAGE LIST
To represent a masterpiece of human creative genius;
To exhibit interchange of human values on developments in architecture or technology
monumental arts, town-planning or landscape design.
Unique testimony to a cultural tradition

 Outstanding building, architectural or technological landscape which signifies human

history.
Outstanding example of a traditional human settlement, land use or re-use which is
representatives of the people
Reporting & Monitoring Heritage Sites

INTERNATIONAL
AGREEMENT)

TROPICAL

TIMBER

AGREEMENTS

(1983

&1994)(A

COMMODITY

Objective:
provide effective framework for consultation, international co-operation & policy
development in all related aspects
provide forum for consultation to promote non-discriminatory timer trade practices
contribute to the process of sustainable development
enhance capacity of members to implement the strategy for achieving exports of timber &
its products from sustainably managed sources by 2000
promote the expansion & diversification of international trade in tropical timber by
improving the structural conditions in international market
promote & support R&D in improving forest management & efficiency of wood utilization
develop & contribute towards mechanisms for new & additional financial resources
improve market intelligence for enhancing transparency in timber market
promote increased & further processing of tropical timber from sustainable sources in the
countries with a view to promote their industrialization and increasing employment
opportunities & export earnings.
improve marketing & distribution of tropical timber export
encourage members to support & develop industrial tropical timber reforestation & forest
management activities (eg. rehabilitation of degraded forest lands) with due regards for the
interest of local communities dependent on forest resources
encourage members to develop national policies aimed at sustainable utilization &
conservation of timber producing forests & their genetic resources along with ecological
balance in the regions & tropical timber trade
encourage information-sharing on international timber market
Provisions of the agreement are implemented by INTERNATIONAL TROPICAL TIMBER
ORGANISATION established in 1983 under UNCTAD which became operational in 1987.
International Tropical Timber Council (ITTC) is the governing body of the ITTO. It has two
categories of the members: Producer & Consumer countries
Members dues & votes are calculated based on market share & in the case of producers the
extent of tropical forests.

The Council is supported by 4 Committees which are open to all countries

STRUCTURE OF THE ORGANIZATION

Three Committees deal with (1) Policy & project work; (2) Economic information & market
intelligence and (3) Reforestation, forest management & forest industry
Theses committees are supported by an Expert Panel for the Technical Appraisal of
Projects & Pre-projects, responsible for reviewing the project proposals
Fourth Committee advises the Council on Finance & Administrative matters
The Council is supported by the Executive Director & 4 Assistant Directors
Four
ITTC

sets of guidelines for achieving sustainable forest management has been adopted by the
management of natural tropical forests since 1989
tropical forest plantations
conservation of biological diversity in tropical production forests
prevention & management of fire in tropical forests

These guidelines were supplemented in 1992 by a set of criteria & indicators against which the
standards of management & progress towards sustainability can be assessed
In 1998, ITTO published Criteria & Indicators for Sustainable Management of natural Tropical
Forests for country members

CONVENTION ON BIOLOGICAL DIVERSITY 1992

OBJECTIVES:
Conservation of BD, sustainable use of components and fair and equitable sharing of benefits
from the utilization of genetic resources.

OBLIGATIONS:
establishes sovereign rights over biological resources
It has 42 Articles along with preamble
Implementation through Secretariat, SBSTTA, Clearing House Mechanism & GEF

MAIN PROVISIONS OF THE CBD

manage the effects on BD of trade & consumption (Art. 4(b))
integrate BD issues into relevant sect. & cross-sect. plans & policies (Art. 6(b))

IMPLICATIONS TO INDIA

 Develop New Policy Prescriptions and integrate them into relevant Sectorial and Crosssectoral Plans:
Develop New Law:
The Biological Diversity Act, 2002 came into force

CARTEGENA PROTOCOL ON BIOSAFETY, 1998

Art.19(3) of the CBD called

modified organism.

for the need for safe handling, transport and use of any living

OBJECTIVES:
to ensure an adequate level of protection in the field of safe transfer, handling and use of
LMOs that may have adverse effects on the cons. & sustainable use of BD and human
health.
It shall apply to the transboundary movement, transit, handling and use of all LMOs
except of pharmaceutical, food & feed covered under other agreements.
SALIENT FEATURES
Affirms the Precautionary Principles and 11 preamble paragraphs covers the need for a
protocol & already existing rules with COPs (Art 19(3-4), establish means to regulate,
manage or control of LMOs (Art. 8(g) and exchange all information (Art.17 of the CBD).
Recognizes the limited capacities of many countries to deal with potential risks associated
with LMOs.
Definition of LMO does not include product thereof and would remain unregulated

NAGOYA PROTOCOL
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is a
supplementary agreement to the Convention on Biological Diversity. It provides a transparent
legal framework for the effective implementation of one of the three objectives of the CBD: the
fair and equitable sharing of benefits arising out of the utilization of genetic resources.
The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and will enter
into force 90 days after the fiftieth instrument of ratification. Its objective is the fair and
equitable sharing of benefits arising from the utilization of genetic resources, thereby
contributing to the conservation and sustainable use of biodiversity
IMPORTANCE
the Nagoya Protocol will create greater legal certainty and transparency for both providers
and users of genetic resources by: Establishing more predictable conditions for access to
genetic resources.
Helping to ensure benefit-sharing when genetic resources leave the contracting party
providing the genetic resources
By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve
and sustainably use genetic resources, and therefore enhances the contribution of
biodiversity to development and human well-being.

 the Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the
benefits arising from their utilization. The Nagoya Protocol also covers traditional
knowledge (TK) associated with genetic resources that are covered by the CBD and the
benefits arising from its utilization
Pay due regard to cases of present or imminent emergencies that threaten human, animal
or plant health

Consider the importance of genetic resources for food and agriculture for food
security
BENEFIT-SHARING OBLIGATIONS
Domestic-level benefit-sharing measures are to provide for the fair and equitable sharing of
benefits arising from the utilization of genetic resources with the contracting party providing
genetic resources. Utilization includes research and development on the genetic or biochemical
composition of genetic resources, as well as subsequent applications and commercialization.
Sharing is subject to mutually agreed terms. Benefits may be monetary or non-monetary such
as royalties and the sharing of research result
COMPLIANCE OBLIGATIONS
Specific obligations to support compliance with the domestic legislation or regulatory
requirements of the contracting party providing genetic resources, and contractual obligations
reflected in mutually agreed terms, are a significant innovation of the Nagoya Protocol.
Contracting Parties are to:
Take measures providing that genetic resources utilized within their jurisdiction have been
accessed in accordance with prior informed consent, and that mutually agreed terms have
been established, as required by another contracting party.

Cooperate in cases of alleged violation of another contracting partys requirements

Encourage contractual provisions on dispute resolution in mutually agreed terms

Ensure an opportunity is available to seek recourse under their legal systems when
disputes arise from mutually agreed terms

Take measures regarding access to justice

Take measures to monitor the utilization of genetic resources after they leave a country
including by designating effective checkpoints at any stage of the value-chain: research,
development, innovation, pre-commercialization or commercialization

TOOLS AND MECHANISM

The Nagoya Protocols success will require effective implementation at the domestic level. A range
of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties
including:
Establishing national focal points (NFPs) and competent national authorities (CNAs) to
serve as contact points for information, grant access or cooperate on issues of compliance.

An Access and Benefit-sharing Clearing-House to share information, such as domestic

regulatory ABS requirements or information on NFPs and CNAs

The Nagoya Protocols success will require effective implementation at the domestic level.
A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting
Parties including:
1. Establishing national focal points (NFPs) and competent national authorities (CNAs)
to serve as contact points for information, grant access or cooperate on issues of
compliance
2. An Access and Benefit-sharing Clearing-House to share information, such as
domestic regulatory ABS requirements or information on NFPs and CN